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#753760 - 09/14/12 02:10 AM Disability
1014 Offline

recently joined

Registered: 09/14/12
Posts: 1
I have been married 19 yrs and supported my husband I was the money maker. For 17 yrs of the marriage and have become severly disabled(or course he finally got a good paying job) I was approved but need to move back to my family in Seattle I can't take care of myself. Is disability considered income when figuring out alimony and can he claim half of what I am getting for the lump sum I will never be able to work again and he can and will continue to get pay increases. HELP Thanks

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#753761 - 10/03/12 10:58 PM Re: Disability [Re: 1014]
finz Offline
Carpal \'Tunnel

Registered: 06/17/08
Posts: 6756
The lump sum payment was your 'salary' for that period of time. It is subject to the same division as the rest of the marital assets. The judge can use his discretion in determining whether assets should be split 50/50 or giving one spouse a larger percentage in situations like your's.

Your disability income should be counted as income when a judge is deciding if you should be receiving spousal support, if your husband has a greater income. If he is looking to collect spousal support from you because your disability income is greater than his income, I have heard that a spouse can't go after a portion of your monthly SSDI (backpay for lost wages while you were married is fair game), but I'm not sure about that and I also don't know if that applies to other forms of disability payments.

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